Kurutu v Simiyu & another
The bottom line
#The Court of Appeal revived a land appeal that had died when the appellant passed away, blaming his former lawyers' oversight rather than his family.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants were prevented by sufficient cause from seeking substitution within the prescribed period
Yes - the abatement resulted from the oversight of the deceased's former advocates, not the applicants' inaction; they obtained letters of administration ad litem, signed and returned the prepared substitution application, and acted promptly on discovering the omission.
The court accepted the applicants' chronology: they obtained limited letters of administration ad litem, Walker Kontos prepared a substitution application which they signed and returned, and only later did they learn it was never filed. Counsel's oversight, not the applicants' inaction, caused the abatement, satisfying rule 102(3). The unopposed application and the interest of hearing the appeal on merits supported revival.
Legal principles established
#- Revival of an abated appeal is not automatic; the applicant must demonstrate sufficient cause preventing timely substitution.
- An appeal abates where no substitution application is filed within twelve months of a party's death under rule 102(2).
Court orders
#- 1.The application dated 11th August 2025 is allowed
- 2.The appeal is revived
- 3.Simon Njoroge Muturi and Isaac Mbuthia Muturi are substituted in place of the deceased appellant Joseph Muturi Kurutu as appellants in Civil Appeal No. E719 of 2021
- 4.There shall be no order as to costs
- On appeal from
- Environment and Land Court at Thika
- ELC Suit No. 239 of 2018
- Jurisdiction invoked
- Section 3A(1) and 3B of the Appellate Jurisdiction Act; rule 102(3) of the Court of Appeal Rules, 2022; section 82(1)(a) of the Law of Succession Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kurutu v Simiyu & another", Case Analysis (2026). Civil Appeal (Application) E719 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1676/eng@2026-09-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.